MacDonald v. Leffingwell
Missouri Court of Appeals
Appeal from the St. Louis Circut Court. The officer was justified under the writ. —Brown v. Henderson, 1 Mo. 134 ; The State v. Hamilton, 9 Mo. 794 ; Hayden v. Conway, 12 Mo. 296; Howard v. Clark, 43 Mo. 348 ; Brown v. Harris, 52 Mo. 306. The regularity of process cannot be inquired into in a collateral proceeding. —Bracket v. Bracket, 53 Mo. 265. The rule that an officer is justified by process is one of protection only. — Crocker on Sheriffs, sect. 286. General rule as to…
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Appeal from the St. Louis Circut Court. The officer was justified under the writ. —Brown v. Henderson, 1 Mo. 134 ; The State v. Hamilton, 9 Mo. 794 ; Hayden v. Conway, 12 Mo. 296; Howard v. Clark, 43 Mo. 348 ; Brown v. Harris, 52 Mo. 306. The regularity of process cannot be inquired into in a collateral proceeding. —Bracket v. Bracket, 53 Mo. 265. The rule that an officer is justified by process is one of protection only. — Crocker on Sheriffs, sect. 286. General rule as to justification under voidable writ. — Johnson v. Fox, 51 Ga. 272 ; 2 Willard on Torts, 125 e£ seq. Notice of…
1Opinion of the CourtBakewell, J.
The petition in this case alleges that defendant wrongfully arrested Torlina, the original plaintiff in the cause, and whilst said plaintiif was unlawfully confined, took from him $1,053, which defendant refused to return. Defendant answers, that at the, time mentioned he was United States marshal for the Eastern District of Missouri; that he arrested plaintiff under a capias-pro fine; and that, whilst in custody, plaintiff voluntarily paid to him the amount claimed in this action, being the fine and costs named in the writ, which defendant holds as marshal, and as the property of the United…
2Cases cited5 opinions
- Howard v. ClarkSupreme Court of Missouri · 1869
- Landes v. PerkinsSupreme Court of Missouri · 1848
- Carson v. WalkerSupreme Court of Missouri · 1852
- Brown v. HarrisSupreme Court of Missouri · 1873
- Gaston v. WhiteSupreme Court of Missouri · 1870